APHC010207152019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8997/2019 Between:

1. M /S.RSR INFRA WORKS INDIA PVT. LTD.,, REP. BY ITS MANAGING DIRECTOR, R.GOPALA KRISHNA, S/O.R.SUBBA RAJU, AGED 44 YEARS, R/O.D.NO.79-15-8/2, PRASANTHI ESTATES, RAJAHMUNDRY, EAST GODAVARI DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MAJOR IRRIGATION DEPARTMENT, A.P.

SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT

2. T HE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, SRIKAKULAM

3. T HE EXECUTIVE ENGINEER, SPECIAL INVESTIGATION BUILDING, SRIKAKULAM ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Letter No SE/IC/SKLM/DB/ATO 1/303M Dated 6-7-2019 and the Revised order vide Lr.No.SE/IC/ SKLM/

DB/ATO-1/311 M dated 9-7-2019 of the 2nd Respondent in terminating contract entered in between the Petitioner and Respondents for execution of vide agreement No. 03/SE/2018-19 dated 28-5-2019, as illegal, irregular, arbitrary, in violation of principles of natural justice, unfair, unconstitutional, unjustified and unsustainable and consequently direct the Respondents to release the bank guarantees furnished by the petitioner at the time of the agreement No 03/SE/2018-19 dated 28-52-019, by setting aside the Letter No SE/IC/SKLM/DB/ATO 1/303M Dated 6-7-2019 and the Revised order vide Lr No SE/IC/ SKLM/ DB/ATO1/311 M dated 9-7-2019 of the 2nd Respondent, as and pass such other order or orders may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.14.10.2025 in I.A.No.01 of 2025.

IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to encash the Bank Guarantees furnished by the petitioner at the time of entering into the agreement for due execution of the work IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Letter No.SE/IC/SKLM/DB/AT0.11303M, dt.6.7.2019 of the 2nd Responden IA NO: 3 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the interim order dated 11-07-2019 passed in I.A.No.1/2019 in WP No.8997 of 2019 and dismiss the writ petition with exemplary costs and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit the petitioner to amend the prayer in WP.No. 8997/2019 as follows: “to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Letter No SE/IC/SKLM/DB/ATO 1/303M Dated 6-7-2019 and the Revised order vide Lr.No.SE/IC/ SKLM/ DB/ATO-1/311 M dated 9-7-2019 of the 2nd Respondent in terminating contract entered in between the Petitioner and Respondents for execution of vide agreement No.03/SE/2018-19 dated 28-5-2019, illegal, irregular, arbitrary, in violation of principles of natural justice, unfair, unconstitutional, unjustified and unsustainable and consequently direct the Respondents to release the bank guarantees furnished by the petitioner at the time of the agreement No.03/SE/2018- 19 dated 28-5-2019, by setting aside the Letter No SE/IC/SKLM/DB/ATO 1/303M Dated 6-7-2019 and the Revised order v